Philosophical Origins
What are natural rights?
(a) rights people get for being alive
(b) life, liberty, and the pursuit of property
(c) another term for the social contract
(d) a and b
(e) a, b, and C
D
Describe the 3/5 Compromise and the Compromise on the Importation of Slaves. What did each accomplish?
3/5 = counted slaves as 3/5 of population for representation of states in legislature;
importation = agreement to stop slave trade in 1807
What is federalism?
Did McCulloch v. Maryland expand or limit federal power? Explain how.
Expanded by saying that the fed gov could do things necessary to carrying out enumerated powers even if the action wasn't actually enumerated
What's the difference between a funded and unfunded mandate?
mandate = fed gov tells states to do something; may or may not give them $ for it
unfunded mandate = no money attached
Match the words to the definitions:popular sovereignty, limited government, the social contract
DOUBLE POINTS: briefly explain the connection between these 3 ideas.(a) putting explicit restrictions on the amount of power a government can have
(b) society's agreement to give up some individual freedoms for state protection
(c) the idea that government receives its power to govern from the people
popular sovereignty C
limited government A
the social contract B
What did the Great Connecticut compromise accomplish and what two viewpoints did it bring together?
bicameral legislature; House of Representatives gets % representation based on population; Senate gets equal representation for every state; balances small state fears of being outvoted with large state desire for population-based representation
What is the difference between layer cake federalism and marble cake federalism? Also, what is fiscal federalism?
Layer cake = state and national gov have clearly separate spheres of influence; marble cake = state and national gov have overlapping spheres of influence; fiscal federalism = how state and national government share funding/$$
What were the facts of McCulloch v. Maryland?
What are 3 things states definitely never have the power to do?
declare war, raise armies, coin money, tax foreign imports, etc.
Explain the differences between participatory, pluralist, and elite democracy.
DOUBLE POINTS = give an example of each one
participatory = democracy depends on broad-based participation of individual citizens (town hall meetings, direct voting, referendums)
pluralist = power is competed for by organized groups fighting for common goals (interest groups like ACLU, NRA, BLM)
elite = wealthy and educated elite are the ones who hold the real power in a democracy and make the decisions for the broader population (the fact that most people who vote are educated/wealthy; electoral college)
According to Federalist 10, what is the biggest danger to a democracy and what is the best way of controlling that danger?
Factions; large republic to make people more spread out and harder to influence
Name 2 Constitutional provisions that could expand national power. Name 2 that could expand state power.
national = Article 1, Section 8, Article 1, Section 10, Necessary and Proper Clause, Supremacy Clause, General Welfare Clause, 14th Amendment, etc.
state = 10th Amendment, Article 1, Section 8
Did U.S. v. Lopez expand or limit federal power? Explain how.
Limited by saying that Congress did not have the power to regulate guns in schools because that has nothing to do with the Commerce Clause.
What does it mean to say that states can be "laboratories of democracy"?
Each state can do it's own thing and the fed gov can sit back and watch and possibly be influenced to adopt a good policy
What was the main difference between John Locke and Thomas Hobbes' conception of human nature? How did this influence their different perceptions of government.
Locke = people are relatively peaceful w/o government, so getting rid of government and doing a new one if needed is ok
Which of the following did Brutus 1 argue?
(a) large republics have never worked before
(b) large republics are too large to respond to local issues
(c) a strong central government will take away all state rights
(d) all of the above
D
What is the difference between enumerated, implied, and reserved powers? What are concurrent powers?
enumerated are things federal gov can do listed in the Constitution; implied are things federal gov can do because they are "necessary and proper" for carrying out enumerated powers; reserved powers are powers that should be kept back for the states; concurrent = shared by state and federal
Congress passed a law banning guns within 1000 ft of schools. Lopez, who brought a gun to school, challenged the law as unconstitutional.
How was the commerce clause used to expand federal power in Heart of Atlanta Motels v. United States?
It was interpreted BROADLY--people need to be able to travel freely between states and need to stay at hotels, eat at restaurants, so those institutions need to be desegregated
What was the main weakness of the Articles of Confederation and what major event happened to really show how bad these weaknesses were?
Shay's Rebellion highlighted the fact that the central government couldn't raise MONEY or an ARMY, so they couldn't pay Revolutionary War soldiers and couldn't stop it when they went crazy!
What are the main points of Federalist 51?
Factions are dangerous as a majority faction can squash minority interests. Power needs to be spread out amongst branches of government (separation of powers) that can place limits on the other branches (checks and balances).
categorical grants = $ given for specific purpose with specific rules
block grants = $ given for general things, states can split it up how they wish
funded mandates = fed gov gives states $ to do something they tell them to
What are 2 advantages to federalism? What are 2 disadvantages?
advantages = another layer of checks and balances; multiple routes to accomplish something that people want; balances between national and local concerns
disadvantages = division of power is unclear and often leads to power struggles between federal/state authorities; makes it harder/takes longer to get things done
Which article of the Constitution lays out the amendment process? Is it easy to make an amendment to the Constitution? Is this a good or bad thing?
Article 5. No--it has to have majority passage in both Congress and the states. This means more checks and balances but less ability to change, especially quickly.